11-Mar-2008 5:45 AM -- caughtunawareI recently requested, via Certified mail, copies of all documents including but not limited to financial, minutes,contracts, insurance policy etc. I recieved via certified mail a letter by the condo board stating that any and all records would not be made available until April 27, 2008 and that I would be notified at a later date when and where. Can they do this?
11-Mar-2008 6:17 PM -- JohnnyRocketWhile it would not be unreasonable for your condo board to set some limitations on when you could view documents, a delay of over a month would most likely fail the "reasonable" test. However, it is not required that they fax or mail you a complete copy of the association records.
Specifically, Massachusetts General Laws Chapter 183A Section 10 (c) provides that:
"Such records shall be kept in an up-to-date manner within the commonwealth and shall be available for reasonable inspection by any unit owner or by any mortgagee holding a recorded first mortgage on a unit during regular business hours and at such other times as may be provided in the agreement between the manager or managing agent and the organization of unit owners. Access to said records shall include the right to photocopy said records at the expense of the person or entity making the request."
I would suggest that you rephrase your request and ask for an appointment to view all such documents and copy those of interest.
I assume you are looking for something in particular and if it is of concern, I would encourage you as an owner to refresh the board's awareness of the viewing requirement, and not accept a long delay.
Attorney John F. Libertine